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WINKLER v. FRANK-CUNNINGHAM STORES CORP.

Nos. 4589, 4590.

256 A.2d 905 (1969)

Sam WINKLER, Appellee. v. FRANK-CUNNINGHAM STORES CORP., t/a L. Frank Co., Appellant, FRANK-CUNNINGHAM STORES CORP., t/a L. Frank Co., Appellant, v. Sam WINKLER, Appellee.

District of Columbia Court of Appeals.

Decided October 3, 1969.

Attorney(s) appearing for the Case

Mark P. Friedlander, Jr., Washington, D. C., with whom Mark P. Friedlander, Blaine P. Friedlander, Washington, D.C., Harry P. Friedlander and Marshall H. Brooks, Arlington, Va., were on the brief, for Sam Winkler.

Nathan L. Silberberg, Washington, D. C., with whom Howard B. Silberberg, Washington, D.C., was on the brief, for Frank-Cunningham Stores Corp.

Before HOOD, Chief Judge, and FICKLING and GALLAGHER, Associate Judges.

HOOD, Chief Judge.

These consolidated appeals concern the claim and counterclaim of the parties resulting from the termination of a long-standing employment relationship. No findings of fact or conclusions of law were entered by the trial court, but we are able to determine, from the trial record and the court's memorandum opinion, what facts were necessarily found and what theory of law was applied.

I. FACTS

In August of 1949, Winkler entered the...

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